WSR 04-20-039

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-266 -- Filed September 29, 2004, 4:43 p.m. , effective October 1, 2004, 12:01 a.m. ]


Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900P; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Prior to October 1, this section of the Columbia River is closed to salmon fishing to protect ESA-listed steelhead that are beginning to congregate near the mouth of the Methow River during the summer. The recreational fishery for hatchery steelhead in the upper Columbia River will open October 1. Once the steelhead fishery opens, there is no reason to prohibit chinook harvest during the last fifteen days of the salmon season in the upper Columbia River. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 29, 2004.

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 232-28-61900Q   Exceptions to statewide rules -- Columbia and Okanogan rivers.   Notwithstanding the provisions of WAC 232-28-619, effective immediately until further notice, it is unlawful to violate the following provisions:

(1) Columbia River

From a true north and south line (magnetic 338 degrees N) through Buoy 10 upstream to Rocky Point/Tongue Point line (Buoy 10) -

(a) Open through December 31. Daily limit of 6 salmon, but no more than 2 adults. Release chinook, chum, sockeye and wild coho. Minimum size is 12 inches in length.

From Rocky Point/Tongue Point line upstream to Bonneville Dam -

(a) Open through December 31. Daily limit of 6 salmon. No more than 2 adults of which no more than one may be an adult chinook. Release chum, sockeye and wild coho. Minimum size 12 inches in length.

From Bonneville Dam to Hwy. 395 Bridge at Pasco -

(a) Open through December 31. Daily limit of 6 salmon, of which no more than 2 may be adults. Release chum and sockeye. Minimum size is 12 inches in length.

From Hwy 395 Bridge at Pasco to Priest Rapids Dam -

(a) Open through December 31, from Highway 395 Bridge at Pasco to the Old Hanford townsite woodin powerline towers. Daily limit of 6 salmon, no more than two adults. Minimum size 12 inches in length.

(b) Open through October 22, from the Old Hanford townsite woodin powerline towers to Priest Rapids Dam. Daily limit 6 salmon, of which no more than two may be adults. Minimum size 12 inches in length.

From Priest Rapids Dam to Rocky Reach Dam -

Open through October 15. Daily limit of 6 salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length.

From Rocky Reach Dam to Wells Dam -

Open through October 15. Daily limit of 6 salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length. Night Closure effective through October 15.

From Wells Dam to Hwy. 17 bridge at Bridgeport -

Open through October 15. Daily limit of 6 salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length. Night Closure effective through October 15.

(2) Okanogan River (Okanogan Co.) from mouth to highway 97 bridge immediately upstream of mouth -

(a) Open through October 15. Daily limit of 6 salmon, no more than 2 adults. Release coho. Minimum size 12 inches in length. Selective gear rules except lawful to fish from a floating device equipped with a motor and Night Closure effective through October 15.

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Reviser's note: The spelling errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER


The following section of the Washington Administrative Code is repealed effective 12:01 a.m. October 1, 2004:


WAC 232-28-61900P Exceptions to statewide rules -- Columbia and Okanogan rivers. (04-260)

Legislature Code Reviser 

Register

Washington State Code Reviser's Office